Here's a short article excerpted from my upcoming book tentatively entitled "Communication in Peace and War" (Brooks-Cole, 1992). "Media Performance and International Law" by Howard H. Frederick, Ph.D. Events since the end of the Cold War have shown that the old order must be replaced with a new international order. But the world community must seize the time to create a its own new order to prevent the unipolar power from doing so. That new world order requires broad acceptance of the rule of law and should conform to the principles and purposes of only one institution: the United Nations and its Charter. A truly democratic "preferred" world order depends heavily on the global information channels. Communication media do not merely report violations and victories of human rights. There is also a growing realization that communication and information are central to human rights. What is worse, the media have often played a role in exacerbating tensions. Today the media face the challenge of how to bring about peace, build confidence among nations and strengthen international understanding. International communication and information law comprises those legal institutions, instruments and processes that govern communication among and between individuals, peoples, cultures, nations and technologies. It is found throughout the legal instruments on human rights, international security, telecommunications, postal service, outer space, intellectual property, trade and customs regulation, and culture and education. In this article we briefly sketch media norms on human rights and summarize the entire body of law in thirteen basic norms for media performance under international law. Oft-overlooked by the media themselves, a vast body of international law regulates what is increasingly being called "international information relations." Indeed, nations have obeyed the international law of communication and information for more than a century. Every time a new innovation in communication technology appears, international law arises to regulate it. Gutenberg's invention of the printing press led John Milton to call for a "right to freedom of expression." Morse's discovery of the telegraph led to the creation of the International Telegraph Convention. The development of wireless radio led quickly to the International Radio Telegraph Convention. The "radio wars" of the 1930s led to the famous International Convention Concerning the Use of Broadcasting in the Cause of Peace. One perplexing question comes to mind when we speak of the media. Can international law be applied to private media firms and individual communicators? States themselves are of course the subjects of international law; State-controlled or State-financed mass media (e.g. government broadcasting stations) are necessarily included here. Private media were traditionally not subjects of international law. But From Article 26 of the 1969 Vienna Convention on the Law of Treaties, we can deduce that States today have general obligations in the sphere of international law which they cannot evade by pointing to domestic laws. The manner in which international law is enforced on private media is a matter of a state's sovereign prerogative. If international law prohibits propaganda for war or racism, the State has an obligation to regulate the private media in this regard. One instance of a professional communicator being the subject of international law was the Nazi propagandist, Julius Streicher, editor of the anti-semitic newspaper Der Stuermer. He was accused of crimes against humanity under the 1945 Charter of the International Military Tribunal, the so-called Nuremberg Tribunal, which had the power to try and punish Axis soldiers who committed crimes against peace, war crimes, and crimes against humanity. The Nuremberg judges interpreted "crimes against humanity" to include propaganda and incitement to genocide. The Court determined that for more than twenty-five years Streicher had engaged in writing and preaching anti-Semitism and had called for the extermination of the Jewish people in 1938. Based on a content analysis of articles from Der Stuermer, the judges further determined that Streicher had aroused the German people to active persecution of the Jewish people. The International Military Tribunal found Streicher guilty and condemned him to death by hanging. ________________________________________________ MAJOR DOCUMENTS OF THE INTERNATIONAL LAW OF COMMUNICATION AND INFORMATION ________________________________________________ When we examine the Charter and the many instruments that constitute international communication and information law, we find thirteen basic principles on media performance. Communications media may not be used for war and aggression. The universally respected principle that prohibits the threat or use of force by one State against another forbids not only war of aggression but also propaganda for wars of aggression. This means that propaganda glorifying the threat or use of force in international relations is prohibited by law. States are forbidden from spreading warmongering content themselves, e.g. through government-owned and -operated international radio stations. They are also obligated to stop any war propaganda emanating from their territory by private groups. Communications media shall not be used to intervene in the internal affairs of another State. This principle forbids all forms of interference or attempted threats against a State or against its political, economic and cultural elements. This includes organizing, assisting, fomenting, financing, inciting or tolerating subversive information activities directed towards the overthrow of another state, or interfering in civil strife in another state. It also bans systemically undermining public support for the opponent's inner cohesion, gradually putting another country's state leadership in a state of uncertainly and discouragement, diminishing its ability to act under the pressure of a national public opinion undergoing a process of reorientation. This principle prohibits subversive foreign broadcasts which attempt to change another country's governing system or which try to foment discontent and incite unrest. All dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination are punishable by law. This principle forbids the information activities of all organizations based on ideas or theories of superiority of one race or group of persons of one color or ethnic origin, or which attempt to justify or promote racial hatred, discrimination in any form. Binding international law prohibits all dissemination of these ideas as well as all organizations which promote and incite racial discrimination. It is a crime against humanity to directly abet, encourage or cooperate in the commission of racial discrimination. The direct and public incitement to destroy a national, ethnic, racial or religious group is punishable by law. This includes using the media to incite another person to destroy in whole or in part, a national, ethnic, racial or religious group. As the Nuremberg Tribunal set out, crimes against humanity include "murder, extermination, enslavement, deportation, and other inhuman acts performed against any civilian population prior to or during the war." States are obligated to modify the social and cultural practices, including information and communication activities, that are based on the inferiority or the superiority of either of the sexes and to eliminate any stereotyped concept of roles of men and women. These may mean changing media practices which advocate discrimination against women. Media should play a positive role in educating and enlightening the public toward peace. Through international law, media are repeatedly called on to promote a better knowledge of the conditions of life and the organization of peace. Media activities should incorporate contents compatible with the task of the preparation for life in peace. The mass media must contribute effectively to the strengthening of peace and international understanding and to the promotion of human rights. Peoples enjoy equal rights and self-determination in communication and information. All peoples have the right freely to pursue their chosen system of economic, social and cultural development. This includes the right to develop local information and communication infrastructures without the interference of external parties, to establish communication policies for the benefit of the people, and to participate in international information relations without discrimination. State enjoy sovereign equality in the communication and information infrastructures. Every state has an inalienable right to choose its political, social economic and cultural systems without interference in any form by another State. States enjoy the full rights of sovereignty and territorial integrity in the area of communication and information. From this we derive the principle of "information sovereignty," which includes: the right to a locally controlled communication infrastructure; the right to an indigenous communication policy; the right to participate as an equal in international information relations; the right to transmit non-belligerent foreign propaganda; the right to conclude bilateral or multilateral agreements in the area of communication and information; and the obligation to respect the information sovereignty of other States. Every national communication system has juridical expression through an "information authority," especially in its constitutional, penal, civil, press, copyright, post and telecommunications laws. Disputes about communication and information must be settled peacefully. The principle that governments must settle their international disputes by peaceful means applies to the processes of international communication and information. Many international communications activities require advance coordination and, if conflict arises, peaceful resolution through negotiation. This principle implies that conflicts such as unwanted direct satellite broadcasting must be settled by negotiation. If a nation is aggrieved in an area of international information relations, it may call upon the violating nation to settle the dispute in a way that does not endanger international peace and security. This duty also implies that States must refrain from and prevent hostile and subversive ideological campaigns. Communication and information demand international cooperation. Despite their differences, States have a built-in incentive to cooperate in the field of international communication. International broadcasters need to coordinate their frequencies to avoid interference. New technologies such as transborder data flow and international satellite television cannot succeed technically without the willingness of States to work cooperatively toward mutually beneficial solutions. Future technologies cannot prosper without international cooperation in setting technical standards. Cooperation guarantees technical success and assures the sovereign equality of States. Good faith obligations require States to uphold international communication and information law. States must fulfill in good faith their obligations under recognized international law. States must be aware of such obligations and obligations to the United Nations Charter and cannot refrain from upholding them by pointing to national law. This applies in all areas of international law, including international communication and information law. Certain kinds of international information content are prohibited. There is an absolute ban on war propaganda. In addition, there are prohibition of communication content advocating hatred, acts of violence or hostility among peoples and races. Media may not advocate colonialism, nor may they be used in propaganda against international treaties. This includes all communication activities which attempts to prohibit or impede the fulfillment of in-force treaty obligations among States. In addition, the circulation of obscene publications is forbidden under binding international law. Certain kinds of information content are encouraged. To begin, the principle of free flow of information is prominent throughout international communication and information law. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Although this right is often abused by powerful countries, it is important to remember that this is one of the fundamental goals of international communication and information law. As we enter the 1990s, there is a growing realization that communication and information are central to human rights. Communication media do not merely defend human rights by reporting violations and victories. There is a growing perception that the right to communicate should be added to the Universal Declaration among the basic human rights cherished by all peoples. This new right transcends the right to receive information, as guaranteed in the Universal Declaration. Today, communication among nations must be a two-way process in which partners--both individual and collective--carry on a democratic and balanced dialogue and the mass media operate in the service of peace and international understanding. Just like their earthly counterparts, electronic highways require "rules of the road." Regulation is important and necessary for our highly congested communication thoroughfares. To carry this analogy one step further, rules prohibiting drunk drivers from our streets are not meant to limit freedom. They increase the freedom for the good drivers. In the same way, regulations against communications violating international norms are not meant to limit freedom to communicate. They are meant to strengthen the freedom for responsible communication. In our lifetimes, international law has grown immensely and is respected now more than ever. The evolutionary trend is apparent--and so is the work before us. APPENDIX I MAJOR DOCUMENTS OF THE INTERNATIONAL LAW OF COMMUNICATION AND INFORMATION U.S adherence to a binding treaty is indicated with the code US=SRE, where S=signed, R=ratified, E=entered into force US=NS means that the United States has not signed that particular instrument. US=S means that the United States has signed that treaty but not ratified it. 1791 Bill of Rights, U.S Constitution 1883/1967 Convention Revising the Paris Convention of March 20, 1883, as revised, for the Protection of Industrial Property US=SRE 1884 Convention for the Protection of Submarine Cables US=SRE 1886 Convention for the Protection of Literary and Artistic Works, Berne US=SRE 1910 Agreement for the Suppression of the Circulation of Obscene Publica- tions and 1949 Protocol US=SRE 1910 Convention Concerning Literary and Artistic Copyright US=SRE 1923 International Convention for the Suppression of the Circulation of and Traffic in Obscene Publications US=NS 1936 International Convention Concerning the Use of Broadcasting the Cause of Peace US=NS 1945 Agreement for the Prosecution and Punishment of the Major War Criminals of the European Axis Powers and Charter of the International Military Tribunal US=SRE 1945 Charter of the United Nations US=SRE 1945 Constitution of the United Nations Educational, Scientific and Cultural Organizations US=WITHDRAWN 1984 1945 Statute of the International Court of Justice US=DENOUNCED 1986 1948 Convention on the Prevention and Punishment of the Crime of Genocide US=SRE 1948 Universal Declaration of Human Rights 1949 Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific and Cultural Character, with protocol US=SRE 1949 Conventions for the Protection of War Victims US=SRE 1950 Agreement on the Importation of Educational, Scientific and Cultural Materials, with protocol US=SRE 1950 [Western European] Convention for the Protection of Human Rights and Fundamental Freedoms US=NS 1952 Convention on the International Right of Correction US=NS 1952 Universal Copyright Convention as revised with two protocols annexed thereto US=SRE 1958 Convention Concerning the Exchange of Official Publications and Gov- ernment Documents between States US=SRE 1958 Convention Concerning the International Exchange of Publications US=SRE 1960 Convention Against Discrimination in Education, and 1962 Protocol US=NS 1961 International Convention for the Protection of Performers, Producers and Phonograms and Broadcasting Organizations (Rome Convention) US=NS 1966 International Convention on the Elimination of All Forms of Racial Discrimination US=S 1966 International Covenant on Civil and Political Rights, and Optional Protocol US=S 1966 International Covenant on Economic, Social and Cultural Rights US=S 1966 Optional Protocol to the 1966 International Covenant on Civil and Human Rights US=NS 1967 Convention Establishing the World Intellectual Property Organization US=SRE 1967 Treaty on Principles Governing the Activities of States in the Explo- ration and Use of Outer Space, including the Moon and other Celestial Bodies US=SRE 1969 American Convention on Human Rights US=S 1973 International Convention on the Suppression and Punishment of the Crime of Apartheid US=NS 1974 Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite US=SRE 1978 Final Document of the Tenth Special Session of the General Assembly on Disarmament 1978 Unesco "Declaration on the Fundamental Principles Concerning the Contribution of the Mass Media to Strengthening Peace and Internation- al Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War" (Mass Media Declaration) 1979 Convention on the Elimination of All Forms of Discrimination Against Women US=S 1982 Convention on the Law of the Sea US=NS 1982 International Telecommunications Convention US=SRE 1983 Declaration on the Condemnation of Nuclear War 1984 Declaration on the Right of Peoples to Peace 1984 Third Additional Protocol (Final Acts) to the Constitution of the Universal Postal Union of July 10, 1964, General Regulations with Annex, and the Universal Postal Convention with Final Protocol and Detailed Regulations US=SRE